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2022-09-29 PB Minutes 1 Mayor Sandra Harris Vice Mayor Daniel Marinberg Councilmember Alice Burch Councilmember Katia Saint Fleur Councilmember Crystal Wagar Esmond Scott, Village Manager Sarah Johnston, Village Attorney Ysabely Rodriguez, Village Clerk PLANNING BOARD MEETING MINUTES DATE: 9-29-2022 TIME: 6:30 PM COUNCIL CHAMBERS 1) CALL TO ORDER Chairperson Busta called the meeting to order at 6:30 PM. 2) ROLL CALL Present: Board Member Hegedus Board Member Bolton Board Member Snow Chairperson Busta Absent: Board Member Brady Also, present: Chanae Wood, Attorney Claudia Hasbun, Planning and Zoning Director Mariana Gracia, Planning Board Recording Secretary 3) MINUTES Motion to approve the minutes of July 28, 2022 by Board Member Hegedus, seconded by Board Member Bolton and the Motion was approved 4-0. 3.A Approval of the Minutes for July 28, 2022. 2022-7-28 PB Minutes.docx.pdf 2 ACTION ITEM(S): PUBLIC HEARING(S) ORDINANCE NO. - 2022 AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES BY AMENDING APPENDIX A, ?ZONING,? ARTICLE V, ?SUPPLEMENTARY REGULATIONS,? DIVISION 17, ?LANDSCAPING,? SECTION 536, ?DESIGN STANDARDS,? TO REMOVE THE PERCENTAGE LIMITATION FOR SYNTHETIC TURF IN THE REAR YARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion to amend the ordinance by Board Member Hegedus, seconded by Board Member Snow and the Motion was approved 3-1 with Board Member Bolton against it. Ordinance #1 3L1626404-MSV Turf Ordinance FINAL.DOC ORDINANCE NO. - 2022 AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES BY MODIFYING APPENDIX A, ?ZONING,? ARTICLE IX, ?ADMINISTRATION,? SECTION 906, ?ISSUANCE OF DEVELOPMENT ORDERS? TO PROVIDE FOR EXPIRATION AND EXTENSION OF DEVELOPMENT ORDERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Motion to amend the ordinance by Board Member Hegedus, seconded by Board Member Snow and the Motion was approved 4-0. SWEARING IN OF WITNESSES by Attorney, Chanae L. Wood: “Do you solemnly swear or affirm that the testimony you are about to give will be the truth, the whole truth, and nothing but the truth.” Ordinance #2 3LB918002 Development Order Extension Ordinance FINAL.doc 4) TABLED ITEMS 4.A File Number: STPL-000058-2022 Property Address: 9655 Biscayne Blvd. Folio Number(s): 11-3206-014-3171 Type of Request(s): The Applicant is requesting Site Plan Approval, pursuant to Article IV and V of Miami Shores Village Zoning Code for a variance to a single-family home. Property Owner(s): Gary Michael Clay Jr. Applicant: Same Agent: Victor Bruce Current Zoning: R-20 3 Motion to un-table the item by Board Member Bolton, seconded by Board Member Hegedus and the Motion was approved 4-0. There was discussion by the Board, Staff and Agent. Motion to table to a time certain by Board Member Bolton, seconded by Chairperson Busta and the Motion failed 2-2. There was no public comment. Motion to deny by Board Member Snow, seconded by Board Member Hegedus and the Motion failed 3-1. Motion to table by Board Member Snow, seconded by Board Member Hegedus and the Motion was approved 4-0. VAR-000058-2022_9655_Biscayne_Blvd.pdf 9190 Biscayne Blvd. - Application.pdf 9190 Biscayne Blvd. - Plans.pdf 5) NEW ITEMS 5.A File Number: STPL-000003-2022 Property Address: 622 NE 98 Street Folio Number(s): 11-3206-017-1830 Type of Request(s): The Applicant is requesting Site Plan Approval, pursuant to Article IV and V of Miami Shores Village Zoning Code to two-story addition to a single-family home. Property Owner(s): Eagle REI Holdings II LLC Applicant: Same Agent: David Baker Current Zoning: R-17.5, R-18.5 Ms. Hasbun gave a brief introduction of the item to be considered. The Agent stood for questions. There was no public comments. Motion to approve subject to Staff's recommendations by Board Member Bolton, seconded by Board Member Snow and the Motion was approved 4-0. STPL-00003-2022_622_NE_98_ST.pdf 622 NE 98 Street - Application.pdf 622 NE 98 Street - New Plans #1.pdf 4 622 NE 98 Street - New Plans #2.pdf 5.B File Number: STPL-000045-2022 Property Address: 9190 Biscayne Blvd. Folio Number(s): 11-3206-010-0030 Type of Request(s): The Applicant is requesting Site Plan Approval, pursuant to Article IV and V of Miami Shores Village Zoning Code to permit a Commercial Development. Property Owner(s): NADG MIAMI SHORES LLC Applicant: Chick-Fil-A, Inc. Agent: Bowman, Jenny Baez & Andres Mizrahi Current Zoning: B-1 Ms. Hasbun gave a brief introduction of the application before the Board. The Applicant presented a power point. The Board asked questions. Mr. Zelkowitz requested 5 minutes time to respond to public comments. Public Comment open: 1. Mr. Wesley Castellanos spoke in support of the application. The Clerk read in electronic comments by the public. Public Comment closed. Motion to approve subject to Staff's recommendations adding the condition for deliveries after Business hours and ADA sidewalk compliance by Board Member Hegedus, seconded by Board Member Snow and the Motion was approved 4-0. STPL-000045-2022_9190 Biscayne Blvd.pdf 9190 Biscayne Blvd. - Application.pdf 9190 Biscayne Blvd. - Plans.pdf 5.C File Number: RSP-000047-2022 Property Address: 1161 NE 98 Street Folio Number(s): 11-3205-018-0280 Type of Request(s): The Applicant is requesting Site Plan Approval, pursuant to Article IV and V of Miami Shores Village Zoning Code to permit an addition to a single-family home. Property Owner(s): Felipe Cuevas Applicant: Same Agent: Will O Monte Current Zoning: R-20 5 Ms. Hasbun gave a brief introduction of the application. Mr. O Monte stood for questions. There was no public comments. The Board discussed the item. Motion to approve subject to Staff's recommendations by Board Member Hegedus, seconded by Board Member Bolton and the Motion was approved 4-0. RSP-000047-2022_1161_NE_98_ST.pdf 1161 NE 98 Street - Application.pdf 1161 NE 98 Street - Plans.pdf 5.D File Number: RSP-000049-2022 Property Address: 1115 NE 91 Street Folio Number(s): 11-3205-001-0400 Type of Request(s): The Applicant is requesting Site Plan Approval, pursuant to Article IV and V of Miami Shores Village Zoning Code for an addition to a single-family home. Property Owner(s): Dywaine Martin Applicant: Same Agent: Juan Zapata Current Zoning: R-20 Ms. Hasbun gave a brief introduction of the application. The Board asked questions. There was no public comment. Motion to approve subject to Staff's recommendations by Board Member Snow, seconded by Board Member Bolton and the Motion was approved 4-0. RSP-000049-2022_1115_NE_91_ST.pdf 1115 NE 91 ST - P&Z Revision final.pdf 1115 NE 91 St - Plans.pdf 5.E File Number: RSP-000050-2022 Property Address: 1030 NE 105 Street Folio Number(s): 11-2232-028-0040 Type of Request(s): The Applicant is requesting Site Plan Approval, pursuant to Article IV and V of Miami Shores Village Zoning Code to permit a garage conversion to a single-family home. 6 Property Owner(s): Ana Gazarian Applicant: Same Agent: None Current Zoning: R-20 Ms. Hasbun gave a brief introduction of the item. The Board asked questions. There was no public comments. Motion to approve subject to Staff's recommendations with a covenant for the house to remain a single family home by Board Member Hegedus, seconded by Board Member Snow and the Motion was approved 4-0. RSP-000050-2022_1030_NE_105_ST.pdf 1030 NE 105 Street - Application.pdf 1030 NE 105 Street - Plans.pdf 5.F File Number: RSP-000051-2022 Property Address: 360 NE 91 Street Folio Number(s): 11-3206-019-0210 Type of Request(s): The Applicant is requesting Site Plan Approval, pursuant to Article IV and V of Miami Shores Village Zoning Code to permit an addition to a single-family home. Property Owner(s): Luis Caicedo Applicant: Same Agent: N/A Current Zoning: R-17.5, R-18.5 Ms. Hasbun gave a brief introduction of the item. The Board asked questions and made comments. There was no public comment. Motion to approve subject to Staff's recommendations with the condition to add a small window on the west elevation by Board Member Hegedus, seconded by Board Member Bolton and the Motion was approved 4-0. RSP-000051-2022_360_NE_91_ST.pdf 360 NE 91 ST- Letter of Intent - 08.23.2022.PDF 360 NE 91 ST - Design Narrative - 08.23.2022.pdf 360 NE 91 ST- Survey - 08.23.2022.pdf 7 360 NE 91 Street- Application - 08.23.22.PDF 5.G File Number: RSP-000052-2022 Property Address: 42 NW 107 Street Folio Number(s): 11-2136-007-0040 Type of Request(s): The Applicant is requesting Site Plan Approval, pursuant to Article IV and V of Miami Shores Village Zoning Code to permit a garage conversion to a single-family home. Property Owner(s): Enrique Concortezano Applicant: Same Agent: Hyejin Yang Current Zoning: R-14.25, R-15 Ms. Hasbun gave a brief introduction of the item. The Board asked questions. There was no public comment. Motion to approve subject to Staff's recommendations by Board Member Hegedus, seconded by Board Member Bolton and the Motion was approved 4-0. RSP-000052-2022_42_NW_107_ST.pdf 42 NW 107 Street - Application.pdf 42 NW 107 Street-Plans.pdf 5.H File Number: RSP-000053-2022 Property Address: 10205 NE 4 Avenue Folio Number(s): 11-3206-017-0770 Type of Request(s): The Applicant is requesting Site Plan Approval, pursuant to Article IV and V of Miami Shores Village Zoning Code to permit a garage conversion to a single-family home. Property Owner(s): Bradley Schmidt & Raul Arevalo Applicant: Raul Arevalo Agent: Somer J. Khourg Current Zoning: R-17.5, R-18.5 Ms. Hasbun gave a brief introduction about the item. The Board asked questions. There was no public comment. Motion to approve subject to Staff's recommendations by Board Member Snow, seconded by Board Member Bolton and the Motion was approved 4-0. RSP-000053-2022_10205_NE_4_AVE.pdf 8 10205 NE 4 Avenue - Application.pdf 10205 NE 4 Avenue - Plans.pdf 5.I File Number: RSP-000054-2022 Property Address: 1080 NE 92 Street Folio Number(s): 11-3205-027-0400 Type of Request(s): The Applicant is requesting Site Plan Approval, pursuant to Article IV and V of Miami Shores Village Zoning Code to permit the development of a second story addition to a single-family home. Property Owner(s): Christopher Dischino Applicant: Same Agent: Orlando Lamas, R.A. Current Zoning: R-20 Ms. Hasbun gave a brief introduction about the application. The applicant gave a presentation and stood for questions. The Board asked questions. There was no public comment. Motion to Table to a time certain by Board Member Snow, seconded by Board Member Hegedus and the Motion was approved 4-0. 21-019 Elev# 1080 (Post-Pool).pdf 21-019 Sur. #1080 (1-13-2021).pdf 1080 NE 92 ST SITE PICTURES.pdf Application Zoning.pdf ARQ&STRUCTURE.pdf Letter of Intent Miami Shores.pdf RSP-000054-2022_1080_NE_92_ST.pdf 5.J File Number: RSP-000055-2022 Property Address: 1055 NE 96 Street Folio Number(s): 11-3206-013-4640 Type of Request(s): The Applicant is requesting Site Plan Approval, pursuant to Article IV and V of Miami Shores Village Zoning Code to permit for an addition to a single-family home. Property Owner(s): Patrice Robinet 9 Applicant: Same Agent: Victor Bruce Current Zoning: R-25, R-26 Ms. Hasbun gave a brief introduction of the item. The Applicant did not wish to present. The Board asked questions. There was no public comments. Motion to approve subject to Staff's recommendations by Board Member Snow, seconded by Board Member Hegedus and the Motion was approved 4-0. RSP-000055-2022_1055_NE_96_ST.pdf 1055 NE 96 Street - Application.pdf 1055 NE 96 Street - Plans.pdf 5.K File Number: RSP-000056-2022 Property Address: 9802 NW 1st Avenue Folio Number(s): 11-3201-024-0080 Type of Request(s): The Applicant is requesting Site Plan Approval, pursuant to Article IV and V of Miami Shores Village Zoning Code to permit the development of an addition to a single-family home. Property Owner(s): Carlos Neto Applicant: Same Agent: Victor Bruce Current Zoning: R-14.25, R-15 Ms. Hasbun gave a brief presentation of the item. The Agent Mr. Bruce did not wish to present. The Board asked questions. There was no public comment. Motion to approve subject to Staff's recommendations by Board Member Hegedus, seconded by Board Member Bolton and the Motion was approved 4-0. RSP-000056-2022_9802_NW_1_AVE.pdf 9802 NW 1 Avenue - Application.pdf 9802 NW 1 Avenue - Plans.pdf 10 5.L File Number: RSP-000057-2022 Property Address: 250 NW 93 Street Folio Number(s): 11-3101-033-1110 Type of Request(s): The Applicant is requesting Site Plan Approval, pursuant to Article IV and V of Miami Shores Village Zoning Code to permit the development of an addition to a single-family home. Property Owner(s): Demian & Ashley Thomas Applicant: Same Agent: Victor Bruce Current Zoning: R-14.25, R-15 Ms. Hasbun gave a brief introduction of the item. The Agent Mr. Bruce did not wish to present. The Board asked questions. There was no public comment. Motion to approve subject to Staff's recommendations by Board Member Snow, seconded by Board Member Bolton and the Motion was approved 4-0. RSP-000057-2022_250_NW_93_ST.pdf 250 NW 93 Street - Application.pdf 250 NW 93 Street - Plans.pdf 5.M File Number: VAR-000058-2022 Property Address: 9655 Biscayne Blvd. Folio Number(s): 11-3206-014-3171 Type of Request(s): The Applicant is requesting Site Plan Approval, pursuant to Article IV and V of Miami Shores Village Zoning Code to permit the variance 1% encroachment on side setback to a single-family home. Property Owner(s): Gary Michael Clay Jr. Applicant: Same Agent: Victor Bruce Current Zoning: R-20 Item Tabled to a time certain. VAR-000058-2022_9655_Biscayne_Blvd.pdf 9655 Biscayne Blvd. - Plans 2- Variance.pdf 9655 Biscayne Blvd. - Plans.pdf 9802 NW 1 Avenue - Application.pdf 11 5.N File Number: RSP-000059-2022 Property Address: 141 NW 99 Street Folio Number(s): 11-3101-022-0410 Type of Request(s): The Applicant is requesting Site Plan Approval, pursuant to Article IV and V of Miami Shores Village Zoning Code to permit the development of an addition to a single-family home. Property Owner(s): Miranda Roseanne Squitieri Applicant: Same Agent: Victor Bruce Current Zoning: R-14.25, R-15 Ms. Hasbun gave a brief introduction of the item. The Agent Mr. Bruce did not wish to present. There were no questions by the Board. There was no public comment. Motion to approve subject to Staff's recommendations by Board Member Hegedus, seconded by Board Member Snow and the Motion was approved 4-0. RSP-000059-2022_141_NW_99_ST.pdf 141 NW 99 Street - Application.pdf 141 NW 99 Street - Plans.pdf 5.O File Number: RSP-000060-2022 Property Address: 875 NE 92 Street Folio Number(s): 11-3206-005-0030 Type of Request(s): The Applicant is requesting Site Plan Approval, pursuant to Article IV and V of Miami Shores Village Zoning Code to permit the development of an addition to a single-family home. Property Owner(s): Wesley Castellanos Applicant: Same Agent: N/A Current Zoning: R-15.5, R-16.5 Ms. Hasbun gave a brief introduction of the item. The Board asked questions about grandfathered in of properties. Ms. Wood gave a brief explanation of grandfathered in. There was discussion by the Board. Ms. Wood read in the Code regarding grandfathered in. 12 Mr. Castellanos asked to Board to please take a look at the plans. Ms. Hasbun - façade modification needs to be reviewed by the Board. Motion to table to a time certain by Board Member Hegedus, seconded by Board Member Snow and the Motion was approved 4-0. RSP-000060-2022_875_NE_92_ST.pdf 875 NE 92nd St - Casa Castellanos PZ Application and Plans 8-26-22.pdf 5.P File Number: RSP-000064-2022 Property Address: 102 NE 108 Street Folio Number(s): 11-2136-009-0080 Type of Request(s): The Applicant is requesting Site Plan Approval, pursuant to Article IV and V of Miami Shores Village Zoning Code to permit the development of a garage conversion to a single-family home. Property Owner(s): Nathan Feldhacker Applicant: Same Agent: N/A Current Zoning: R-17.5, R-18.5 Ms. Hasbun gave a brief presentation of the item. The Applicant did not wish to present. The Board did not have questions. There was no public comment. Motion to approve subject to Staff's recommendations by Board Member Bolton, seconded by Board Member Hegedus and the Motion was approved 4-0. RSP-000064-2022_102_NE_108_ST.pdf 102 NE 108 Street - Application.pdf 102 NE 108 Street - Plans.pdf 5.Q File Number: STPL 000066-2022 Property Address: 8880 Biscayne Blvd. Folio Number(s): 11-3206-020-0870 Type of Request(s): The Applicant is requesting Site Plan Approval, pursuant to Article IV and V of Miami Shores Village Zoning Code to permit the development of an addition to a Commercial Site. Property Owner(s): Ian Wildstein Applicant: Same Agent: J. Howard Nudell, AIA 13 Current Zoning: R-15.5, R-16.5 Ms. Hasbun gave a brief presentation of the item that had already come before the Board in 2020. Mr. Howard Nudell was present and gave a brief explanation of the application to the Board. The Board asked questions. There was no public comment. Motion to approve subject to Staff's recommendations by Board Member Snow, seconded by Board Member Hegedus and the Motion was approved 4-0. STPL-000066-2022_8880 Biscayne Blvd.pdf 8880 Biscayne Blvd. Tropical Chev - Application.pdf 8880 Biscayne Blvd. Tropical Chev - Plans.pdf 6) CONTINUED ITEMS 7) BOARD MEMBER COMMENTS Board Member Hegedus expressed the pleasure of having served with the Board and with Chairperson Busta. Board Member Snow said it had been an honor to serve on this Board. Board Member Hegedus said that Chairperson Busta had been a great Chair. She served for 6 years. Chairperson Busta thanked both Boar Member Hegedus and Board Member Snow for their service. 8) NEXT REGULAR BOARD HEARING - October 27, 2022 9) ADJOURNMENT